Successive court judgements, most recently in the House of Lords last year, have stated that independent care homes are not liable because they do not perform public functions – despite serving the vast majority of residents whose care is publicly arranged.

Arbitrary evictions

Human rights and older people’s groups have argued that the situation has allowed abuses to continue, such as arbitrary evictions from homes. The government has long agreed that the loophole must close, but had to date resisted campaigners’ efforts to force a decision on the issue, through an amendment to the Health and Social Care Bill.